Driving is not a right. It is a privilege in Florida. As such, the DMV has a lot of authority over whether or not a person has a driver’s license. Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses. The most common reasons people lose their driver’s licenses include: 1. Drug-related offenses – Per section 322.055, when a person is convicted of a drug-related offense, the Read More
Preparing For Your Family Law Consultation
I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life-changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce Read More
What is the difference between a legal father and a biological father?
A family law case is before the Florida Supreme Court right now that is quite interesting. The court must decide a dispute between a child’s legal father and her biological father. You see, in Florida, when a child is born of a marriage, the legal father is the man married to the mother. The legal father, therefore, may not be the biological father. Thus, the biological father may not have any rights to the Read More
But the pot was not in my possession!?
I hear this all of the time. Under Florida law, there is actual and constructive possession. Actual possession is when the illicit drugs are on your person. In other words, the drugs are in your pocket, in your sock, or in your hand. Actual possession is an easier case for the State to prosecute. There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive Read More
But I Am The Father, Why Don’t I Have Any Rights?
You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child. It is important that if you are an unmarried father, you immediately establish your legal rights to your child. In Florida, if a child is born out of wedlock, there is no presumption of fatherhood. Paternity should be established first and foremost. An establishment of paternity Read More
Can I Get My Attorney’s Fees Paid in My Family Case?
Divorces can be expensive. So can going back to court to enforce orders in a multitude of family issues from time-sharing to alimony payments. Many people attempt to represent themselves because of the cost of attorney’s fees. While in some circumstances (I would venture to say very few) a person may represent himself or herself quite well, in most circumstances, a person does not know all of his or her rights and Read More
What is an HTO?
HTO stands for Habitual Traffic Offender. Upon being deemed a habitual traffic offender, the Department of Motor Vehicles will revoke your driver’s license for 5 years. There are a couple of ways that you can be deemed a habitual traffic offender in Florida: 1. 3 or more convictions of any one or more of the following offenses arising out of separate acts within a 5-year period: a. Voluntary or Read More
What is Resisting An Officer Without Violence?
If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him. According to the chief, that force was necessary because the gentleman was “actively resisting” and his resistance was even “violent.” This video has caused an array of opinions whether the officers’ Read More
Co-Parenting and Relocation
One would think that you should be able to pick up and move with your child(ren) whenever and wherever you would like. However, if you have shared parental responsibility pursuant to a parenting plan in Florida, unfortunately, you cannot just move; or you might be in contempt of court. It seems that I have had to counsel quite a few people on "relocation" lately, so I thought a blog post was necessary. Read More
False Confessions
There are only 24 states that require police interrogations to be recorded from start to end, and Florida is not one of them. Not recording the entirety of a police interrogation is a problem, especially considering that in over 25% of wrongful convictions that have been overturned by DNA evidence, the Defendant made false confessions to law enforcement during the interrogation. Why do people make false Read More
